Water Resource Protection Overlay District Requirements
Needs ReviewFalmouth, Barnstable County
Dimensional & ParkingWhat This Means for Your Project
This provision is in a gray area — it may be within the town's authority, but could add time or uncertainty to your ADU project depending on how Falmouth interprets it.
State Law
760 CMR 71.03(3)(b)(2) prohibits minimum lot size requirements for ADUs. Remaining density or dimensional requirements must serve a legitimate municipal interest and cannot nullify or substantially diminish development of a Protected Use ADU.
Local Bylaw
Section 240-9.1C(8) subjects ADUs in the Water Resource Protection Overlay District to the provisions of that district.
Impact on Your Project
The AG approved this general reference but issued an advisory warning that the WRPOD's minimum lot size of 80,000 square feet cannot be applied to ADUs, and that if remaining requirements are used to deny a Protected Use ADU, such application would run afoul of the Dover Amendment protections.
How Other Towns Handle Dimensional & Parking
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